Slusarczyk v. Slusarczyk

Judgment unanimously reversed on the law and facts, without costs, and new trial granted. Memorandum: Plaintiff appeals from' a judgment dismissing his complaint in an action he brought as administrator for payment of an obligation evidenced by an instrument alleged to have been executed by defendants. At the close of all the evidence defendants renewed their motion to dismiss which had been made and denied after plaintiff had rested. The court again denied the motion and submitted the case to the jury. After a period of deliberation the jury informed the court that it could not reach an…